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HP and HPE Employment Lawsuits and Allegations - Race

(Updated Apr 20, 2021.)

Make sure that every company you ever worked for has your current postal address. Even if not classified by the company as a "Retiree" or if long gone -- in case of pension plan changes, employment lawsuits, settlements, or other issues. (HP Inc. is the legal successor to companies bought by HP -- including Compaq and EDS. HPE is successor to companies it bought -- Cray, Nimble, etc.) Update address at former company

Employment suits move very slowly -- the class action concerning EDS/HP overtime was settled after nine years, 79 depositions, and 1.5 million pages of documents -- paying an average of $950 each.

See also Employment Lawsuits for discussions of: your ability to sue the company, references on employment law, and summary of HP and HPE employment lawsuits and allegations.


2017 HP/HPE race and age discrimination allegations. Settled in 2020.

Sep 5, 2020: HPE's most recent summary of this 2017 case  HPE SEC 10-Q filing for July 31, 2020  [Single paragraph broken up and bold emphasis added for clarity.]

Jackson, et al. v. HP Inc. and Hewlett Packard Enterprise:

"This putative nationwide class action was filed on July 24, 2017 in federal district court in San Jose, California. The plaintiffs purport to bring the lawsuit on behalf of themselves and other similarly situated African-Americans and individuals over the age of forty. The plaintiffs allege that the defendants engaged in a pattern and practice of racial and age discrimination in lay-offs and promotions. The plaintiffs filed an amended complaint on September 29, 2017.

"On January 12, 2018, the defendants moved to transfer the matter to the federal district court in the Northern District of Georgia. The defendants also moved to dismiss the claims on various grounds and to strike certain aspects of the proposed class definition. The Court dismissed the action on the basis of improper venue.

"On July 23, 2018, the plaintiffs refiled the case in the Northern District of Georgia.

"On August 9, 2018, the plaintiffs also filed a notice of appeal of the dismissal order with the United States Court of Appeals for the Ninth Circuit.

"On August 15, 2018, Plaintiffs filed a motion to stay their lawsuit in the Northern District of Georgia, which was granted by the court.

"On February 7, 2020, Defendants resolved the claims of the individual plaintiffs and the matters were dismissed."

[ Register article 25 Jul 2017   Original Complaint 07/24/17   Georgia Complaint 07/23/18 ]


2010 HPE Department of Labor Arkansas racial discrimination allegations. Settled in 2016.

09/21/2016 Conway, Ark.  [Bold emphasis added for clarity.]

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced today that HP has agreed to pay $750,000 in back wages and interest to settle allegations of hiring discrimination. The action affects 504 qualified applicants – including 349 African Americans, one American Indian/Alaskan Native, 109 Asians, 44 Hispanics and one Native Hawaiian/Pacific Islander – who the company rejected for Inside Sales Representative positions at its Conway location. Executive Order 11246 prohibits federal contractors such as HP from discriminating in employment based on race or national origin.

“This settlement reflects a mutual commitment between the US Labor Department and Hewlett-Packard to ensure that all workers have a fair shot at competing for good jobs,” said OFCCP Director Patricia Shiu. “Where hiring practices are barriers to equal opportunity, federal contractors have an obligation to break down those barriers and reform the process.”

After an investigation that included rigorous statistical analysis, employee and applicant interviews, and a review of information supplied by the company, OFCCP concluded that HP discriminated against qualified minorities who applied for inside sales representative positions between December 2008 and August 2010.

In its conciliation agreement with OFCCP, HP denies liability, but will pay back wages and interest to the affected class members. The company has also agreed to place 33 of the applicants into inside sales representative positions, with retroactive seniority for the new hires, as positions become available. HP will also undertake extensive measures to ensure that its personnel practices, including record keeping, comply with the law.

https://www.dol.gov/newsroom/releases/ofccp/ofccp20160921


2012 Former EDS/HPE subsidiary Mphasis -- allegations of racial discrimination. Civil suit settled in 2020.

"In that suit, which settled confidentially this year in federal court in New York, a white man claimed in 2012 that after he’d been hired by Mphasis as a sales manager, he found that the company’s workforce was overwhelmingly composed of workers of Indian descent, and that discrimination against non-Indians was “an everyday occurrence.” Mphasis in a court filing acknowledged that its workers were overwhelmingly Indian, but denied the discrimination claim by the man, Curt Hawley."

San Jose Mercury article 7/7/20

2015 Former EDS/HPE subsidiary Mphasis -- allegations of racial discrimination in U.S. hiring. DOL settled in 2020. [Bold emphasis added for clarity.]

"After a routine compliance evaluation by the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Mphasis Corp. – a technology services company and federal contractor based in San Jose, California – has agreed to pay $171,300 in lost wages to resolve allegations of discriminating against white applicants at its facility.

"The routine compliance evaluation alleges that – between 2015 and 2017 – Mphasis Corp. discriminated against white applicants in favor of Asian applicants for computer systems analyst positions. OFCCP found that the company’s hiring practices violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, national origin or gender. The company does not admit liability... In the settlement, Mphasis Corp. agrees to pay the back wages, extend job opportunities to 14 class members and take steps to ensure its personnel practices meet all legal requirements..."

U.S. Department of Labor 7/7/20


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